Bhima Koregaon: Bombay HC Quashes NIA Court’s Order Refusing Bail to Gautam Navlakha

The Bombay High Court on Thursday overturned a special NIA court’s decision to deny bail to Bhima Koregaon accused Gautam Navlakha and ordered the special judge to rehear the bail application.

A division bench of Justice AS Gadkari and Justice PD Naik was hearing Navlakha’s appeal against an order issued on September 5, 2022, denying his regular bail petition.

The bench opined that the reasoning in the special court’s order was obscure and lacked consideration of the facts relied on by the prosecution.

“No reason of whatever nature is given. Trial court has not given reasoning as required under section 43D(5) of Unlawful Activities Prevention Act (UAPA) while rejecting bail.  It also appears that the order of SC in Zahoor Ahmad Shah Watali case has not been considered while rejecting bail application”, the order stated.

As a result, the bench determined that the bail plea must be heard again by the special court and remanded the case back to the court.

It also ordered the special judge to finish the hearing within four weeks.

During the hearing yesterday, the High Court ruled that they are not entitled to a reasoned decision.

They requested the NIA’s Additional Solicitor General (ASG), Anil Singh, to take directions on whether the agency was inclined to grant the bail request. Alternatively, the Court stated that it will request material not considered by the special court.

When the case was called on Thursday, the ASG stated that he agreed to the quashing of the September 5 judgement and remanding the case to the special court for reconsideration.

He also asked the Court not to render an opinion on the merits of the case.

Appearing for Navlakha, Yug Mohit Chaudhry, opposed remanding the case to the special court and sought that the High Court hear the appeal on the merits.

The bench, on the other hand, stated that because it lacks the benefit of a reasoned order, it would be in accordance with judicial propriety to first allow the lower court to hear the subject properly.

Chaudhry then urged that the hearing before the special court be expedited by the High Court.

As a result, the Court remitted the case to the trial court for resolution within four weeks.

“The special judge is requested to conclude within 4 weeks without being influenced from September 5 order and this order of today. It is made clear that this court has not made any opinion on merits,” the bench stated. 

Navlakha, a human rights activist and former secretary of the People’s Union for Democratic Rights, was detained in August 2018 but placed under house arrest at the time.

Following a Supreme Court judgement, he was transferred to Taloja Central Prison in Maharashtra in April 2020.

On November 10, the Supreme Court, however, permitted his plea to be changed back to a month of home arrest. On December 13, this was extended by another month.

He is currently residing in the Thane district of Navi Mumbai.

Navlakha moved the high court after a special NIA court denied his bail application on September 5, 2022.

The NIA challenged Navlakha’s bail application by saying that he was presented to a Pakistan Inter-Services Intelligence (ISI) General for his recruitment, demonstrating his ties to the organisation.